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Under the Code of Civil Procedure, 1908 an ex parte decree can be set aside under
A
Order 9 Rule 5
B
Order 9 Rule 12
C
Order 9 Rule 10
D
Order 9 Rule 13
Correct Answer:
Order 9 Rule 13
Under which of the following provisions of the Code of Civil Procedure, 1908 an ex parte order and ex parte decree may be set aside?
A
Order 9, Rule 7 and Order 9, Rule 10
B
Order 9, Rule 4 and Order 9, Rule 5
C
Order 9, Rule 7 and Order 9, Rule 13
D
Order 9, Rule 11 and Order 9, Rule 12
Under which provision of Code of Civil Procedure, restoration or setting aside of orders passed ex parte can be sought regarding an application filed under Order XXI of Code of Civil Procedure which has been dismissed for non appearance or decided ex parte?
A
Order IX Rule 13
B
Order XXI Rule 58
C
Order XXI Rule 106
D
Order XXI Rule 100
Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
1. Revenue Court is a part of Civil Court
2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
4. Revenue Court is not a part of Civil Court
A
1 and 2
B
2 and 3
C
2 and 4
D
3 and 4
E
None of these
An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and which execution proceedings are pending in Court 'B'. Court 'A' aside the ex parte decree and on re-hearing, a fresh decree was passed on the same terms.
A
Since the new decree is on the same terms, as the decree which is set aside, the execution proceedings will continue
B
Court 'B' can continue to execute the ex parte decree since the order of transfer has not been recalled
C
The Decree Holder can seek amendment to the execution proceedings
D
The execution proceedings in Court 'B' come to an end a fresh execution petition would have to be filed of the new decree
Which of the following combinations are correctly matched?
1. Judgement and decree ⇔ Section 34, Code of Civil Procedure
2. Costs ⇔ Section 35, Code of Civil Procedure
3. Institution of suits ⇔ Section 26, Code of Civil Procedure
4. Legal representative ⇔ Section 50, Code of Civil Procedure
Select correct answer:
A
2, 3 and 4
B
1, 2 and 3
C
1, 3 and 4
D
1, 2 and 4
Which of the following combinations are not correctly matched?
1. Execution of decree ? Sec. 77, Code of Civil Procedure
2. Letter of request ? Sec. 82, Code of Civil Procedure
3. Legal representative ? Sec. 50, Code of Civil Procedure
4. Institution of suit ? Sec. 28, Code of Civil Procedure
Select the correct answer:
A
1, 2 and 3
B
1, 2 and 4
C
1, 3 and 4
D
2, 3 and 4
An ex-parte decree passed under Order XXXVII of Code of Civil Procedure can be set aside under Order XXXVII, Rule 4
A
Under special circumstances
B
On showing sufficient cause as contemplated under Order IX, Rule 13 of Code of Civil Procedure
C
Under general circumstances
D
Either A or B or C
When an ex parte decree is passed, the defendant would normally ask for setting aside of ex parte decree:
A
By the application under Order IX Rule 13 of the Code of Civil Procedure
B
By filing a revision petition under Section 115 of the Code of Civil Procedure
C
By filing a petition under Article 227 of the Constitution of India
D
By filing an application under Order IX, Rule 7 of the Code of Civil Procedure
X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
A
The decree against Amust be set aside
B
The decree against B must be set aside
C
Both A and B
D
None of these
Which of the following combinations are correctly matched-
1. Equity of ⇔ Section 49 Code of Civil Procedure judgement debtor
2. Privileged ⇔ Section 29 Code of Civil Procedure documents
3. Legal ⇔ Section 50 Code of Civil Procedure representative
4. Pauper suit ⇔ Order 33 Code of Civil Procedure
Select correct answer:
A
1, 2 and 3
B
1, 2 and 4
C
2, 3 and 4
D
1, 3 and 4